No. 65. Treaty with France for the Cession

of Louisiana

April 30, 1803

THE region known as Louisiana belonged to France until 1762, when it was ceded to Spain. By the treaty of Paris in 1763, a portion of Louisiana east of the Mississippi was ceded to Great Britain, and in 1783 the eastern bank of the Mississippi as far south as the 31st parallel passed into the control of the United States. By the third article of the secret treaty of San Ildefonso, Oct. 1, 1800, Spain agreed to cede Louisiana to France. October 16, 1802, the Spanish intendant of Louisiana by proclamation forbade citizens of the United States the further use of New Orleans "as a place of deposit for merchandise, and free transit for our ships down the river to the sea." An appropriation of $2,000,000 was made by Congress for the purchase of New Orleans. January 11, 1803, Jefferson nominated Monroe as minister extraordinary to co-operate with Livingston, the minister to France, in negotiations for “a treaty or convention with the First Consul of France, for the purpose of enlarging, and more effectually securing, our rights and interests in the river Mississippi, and in the territories eastward thereof." The outcome of the negotiations was the purchase of Louisiana by the United States. A treaty and two conventions, dated April 30, 1803, were signed early in May. A special session of Congress was called for Oct. 17; on the 20th the Senate, by a vote of 24 to 7, ratified the treaty. The House declared in favor of the treaty on the 25th, by a vote of 90 to 25.

REFERENCES. English and French text in U. S. Stat. at Large, VIII., 200-206. The message of Jan. 11, 1803, is in Amer. State Papers, Foreign Relations, II., 475; for the two conventions and diplomatic correspondence, ib., II., 508-583, or Annals, 7th Cong., 2d Sess., 1007-1210. The discussions in the House may be followed in the Annals, or in Benton's Abridgment, II. The best account of events is in Henry Adams's United States, I., chaps. 13-17, II., chaps. 1-6. See also Jefferson's Works (ed. 1854), IV., 431-434, 456-459, 498-501, and further correspondence in V., VII., and VIII.

ARTICLE I. Whereas, by the article the third of the treaty concluded at St. Idelfonso, the 9th Vendémiaire, an. 9 (1st October, 1800) between the First Consul of the French Republic and his Catholic Majesty, it was agreed as follows: "His Catholic Majesty promises and engages on his part, to cede to the French Republic, six months after the full and entire execution of the conditions and stipulations herein relative to his royal highness the duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of

Spain, and that it had when France possessed it; and such as it should be after the treaties subsequently entered into between Spain and other states." And whereas, in pursuance of the treaty, and particularly of the third article, the French Republic has an incontestible title to the domain and to the possession of the said territory: The First Consul of the French Republic desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Republic, forever and in full sovereignty, the said territory with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic, in virtue of the above-mentioned treaty, concluded with his Catholic Majesty.

ART. II. In the cession made by the preceding article are included the adjacent islands belonging to Louisiana, all public lots and squares, vacant lands, and all public buildings, fortifications, barracks, and other edifices which are not private property. The archives, papers, and documents, relative to the domain and sovereignty of Louisiana, and its dependencies, will be left in the possession of the commissaries of the United States, and copies will be afterwards given in due form to the magistrates and municipal officers, of such of the said papers and documents as may be necessary to them.

ART. III. The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.

ART. V. Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained, the commissary of the French Republic shall remit all the military posts of New Orleans, and other parts of the ceded territory, to the commissary or commissaries named by the President to take possession; the troops, whether of France or Spain, who. may be there, shall cease to occupy any military post from the time of

taking possession, and shall be embarked as soon as possible, in the course of three months after the ratification of this treaty.

ART. VI. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon.

ART. VII. As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations for a limited time in the country ceded by the present treaty, until general arrangements relative to the commerce of both nations may be agreed on; it has been agreed between the contracting parties, that the French ships coming directly from France or any of her colonies, loaded only with the produce and manufactures of France or her said colonies; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the ports of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France or Spain, or any of their colonies, without being subject to any other or greater duty on merchandize, or other or greater tonnage than that paid by the citizens of the United States.

During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded territory: . . . it is however well understood that the object of the above article is to favor the manufactures, commerce, freight and navigation of France and of Spain, so far as relates to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make concerning the exportation of the produce and merchandize of the United States, or any right they may have to make such regulations.

ART. VIII. In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favored nations in the ports above mentioned.

ART. IX. The particular convention signed this day by the

respective ministers,1 having for its object to provide for the payment of debts due to the citizens of the United States by the French Republic, prior to the 30th of September, 1800, (8th Vendémiaire, an. 9,) is approved, and to have its execution in the same manner as if it had been inserted in this present treaty; and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.

Another particular convention 2 signed at the same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly.

THE provisions in the treaty of 1794 with Great Britain relative to neutral commerce expired by limitation in 1806. April 18, 1806, Congress passed an act prohibiting the importation of certain articles from Great Britain and her colonies after Nov. 15; but Dec. 19 the act was suspended until July 1, 1807. Great Britain also refused to give up her asserted right of impressment, and on Oct. 16, 1807, a proclamation was issued "for recalling and prohibiting British seamen from serving foreign Princes and States.” In a message of Dec. 18, 1807, transmitting a copy of this proclamation, Jefferson urged the attention of Congress to "the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States." A bill for an embargo was at once introduced in the Senate, and passed that body the same day, by a vote of 22 to 6. On the 21st the bill with amendments passed the House, by a vote of 82 to 44; on the 22d the amendments were concurred in by the Senate, and the act was approved. An act of April 22, 1808, authorized the President to suspend the embargo acts in the event of peace or suspension of hostilities between the European belligerents. REFERENCES. - Text in U. S. Stat. at Large, II., 451-453. For the discussions in Congress, see the Annals, 10th Cong., 1st Sess., I., or Benton's Abridgment, III. Numerous documents relating to British depredations on American commerce during this period are in Amer. State Papers, Foreign Relations, III.: see particularly the royal proclamation of Oct. 16, 1807, ib., 25, 26; report of the Secretary of State, March 2, 1808, on impressment of

1 Text in Treaties and Conventions (ed. 1889), 335-338. — ED. 2 Text in Treaties and Conventions (ed. 1889), 334, 335. - ED.

3 Signed: "Robert R. Livingstone, James Monroe, F. Barbé Marbois." — ED.

American seamen, ib., 36-79; and message of Dec. 28, 1808, transmitting orders and decrees of belligerent powers affecting neutral commerce since 1791, ib., 262–294. For the various supplementary acts of Jan. 9, March 12, April 22, and April 25, 1808, and Jan. 9, 1809, see U. S. Stat. at Large, II., 453, 454, 473-475, 490, 499-502, 506-511; for judicial decisions under the acts, ib., 451, 452. On the effect of the embargo, see Gallatin's annual report, Dec. 16, 1808, in Amer. State Papers, Finance, II., 307-309. Carey's Olive Branch (ed. 1815) collects numerous documents for this period. The best general account is in Adams's United States, IV.

An ACT laying an Embargo on all ships and vessels in the ports and harbors of the United States.

Be it enacted . That an embargo be, and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels under the immediate direction of the President of the United States: and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect: Provided, that nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with the goods, wares and merchandise on board of such foreign ship or vessel, when notified of this act.

SEC. 2. And be it further enacted, That during the continuance of this act, no registered, or sea letter vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel shall first give bond, with one or more sureties to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or merchandise shall be relanded in some port of the United States, dangers of the seas excepted, which bond, and also a certificate from the collector where the same may be relanded, shall by the collector respectively be transmitted to the Secretary of the Treasury. All armed vessels possessing public commissions from any foreign power, are not to be considered as liable to the embargo laid by this act.